Talarico v. Johnson et al
| LOUIS C TALARICO, III |
| C BRADLEY JOHNSON, JERALD J STRATTON, ULTRA PETROLEUM CORP, EVAN EDERMAN, FIR TREE CAPITAL MANAGEMENT LP, KARN CHOPRA, CENTERVIEW PARTNERS LLC and Evan Lederman |
| 4:2021cv03689 |
| November 10, 2021 |
| US District Court for the Southern District of Texas |
| Andrew S Hanen |
| Sam S Sheldon |
| Other Fraud |
| 12 U.S.C. § 22 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 18, 2023. A more recent docket listing may be available from PACER.
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| Electronic Access to Record on Appeal Provided re: #77 Notice of Appeal to Shainee Shah for party(s) Appellee Jerald J. Stratton Appellee C. Bradley Johnson and Philip Cooper for party(s) Appellee Jerald J. Stratton Appellee C. Bradley Johnson. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 23-20176), filed.(JuanitaTabares, 1) |
| Electronic Access to Record on Appeal Provided re: #77 Notice of Appeal to Elizabeth Ashley Kiernan, counsel for Appellee Karn Chopra Appellee Centerview Partners, L.L.C., and Mary Beth Maloney, counsel for Appellee Centerview Partners, L.L.C. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 23-20176), filed.(JuanitaTabares, 1) |
| Electronic Access to Record on Appeal Provided re: #77 Notice of Appeal to Joshua Z. Rabinovitz for Appellee Jerald J. Stratton in 23-20176, Attorney Joshua Z. Rabinovitz for Appellee C. Bradley Johnson. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 23-20176), filed.(JuanitaTabares, 1) |
| Electronic Access to Record on Appeal Provided re: #77 Notice of Appeal to Sheila A. Sadighi for Appellee Fir Tree Capital Management LP. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 23-20176), filed.(JuanitaTabares, 1) |
| Electronic Access to Record on Appeal Provided re: #77 Notice of Appeal to Patrick Blakemore and Edmund Polubinski II, counsel for Appellee Evan Lederman. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 23-20176), filed.(JuanitaTabares, 1) |
| Filing 79 Transmittal Letter on Appeal re: #77 Notice of Appeal. The electronic record on CD is being sent to Louis C Talarico, III, appellant via regular mail. (USCA No. 23-20176), filed. (JuanitaTabares, 1) |
| Electronic Access to Record on Appeal Provided re: #77 Notice of Appeal to Christine Demana, counsel for Chopra, Karn, Centerview Partners, L.L.C. and Allyson Newton Ho, counsel for Chopra, Karn, Centerview Partners, L.L.C.. Attorneys of record at the Circuit may #download the record from the Court of Appeals, filed.(JuanitaTabares, 1) |
| Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #77 Notice of Appeal USCA No. 23-20176, filed.(jtabares, 1) |
| Notice of Assignment of USCA No. 23-20176 re: #77 Notice of Appeal, filed.(jtabares, 1) |
| Filing 78 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #77 Notice of Appeal. Fee status: Paid, filed. (Attachments: #1 NOA) (scastillo, 1) |
| Appeal Review Notes re: #77 Notice of Appeal. Fee status: Paid. The appeal filing fee has been paid.No hearings were held in the case - no transcripts. Number of DKT-13 Forms expected: 1, filed.(scastillo, 1) |
| Filing 77 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #76 Order Adopting Memorandum and Recommendations, by Louis C Talarico, III, filed. (Attachments: #1 Envelope)(ShannonHolden, 4) |
| USCA Appeal Fees received $ 505, receipt number HOU 115233 re: #77 Notice of Appeal, filed.(ShannonHolden, 4) |
Filing 76
ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re:granting #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , adopting #66 Memorandum and Recommendations, granting #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , granting #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , granting #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Plaintiff's case is DISMISSED WITH PREJUDICE. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 75 OBJECTIONS to #66 Memorandum and Recommendations, filed by Louis C Talarico, III. (Talarico, Louis) |
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Filing 74
ORDER: The Court GRANTS a page extension of five additional pages to file written objections to the Court's Memorandum and Recommendation, (Dkt. No. 66) and DENIES Plaintiff's request for a second extension of time. (Dkt. No. 73.)(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) Modified on 3/8/2023 (sjones, 4).
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| Filing 73 Second MOTION for Extension of Time Objections, First MOTION for Leave to File Excess Pages( Motion Docket Date 3/28/2023.)Motions referred to Sam S Sheldon. by Louis C Talarico, III, filed. (Talarico, Louis) |
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Filing 72
ORDER denying as moot #71 Motion to Stay.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 71 MOTION to Stay Motions referred to Sam S Sheldon. by Louis C Talarico, III, filed. Motion Docket Date 3/17/2023. (DarleneHansen, 4) |
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Filing 70
ORDER denying #67 Motion to Stay; granting #69 Motion for Extension of Time; Motion-related deadline set re: #67 MOTION to Stay , #69 MOTION for Extension of Time Objections.( Objections to M&R due by 3/9/2023).(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 69 MOTION for Extension of Time ObjectionsMotions referred to Sam S Sheldon. by Louis C Talarico, III, filed. Motion Docket Date 3/14/2023. (Talarico, Louis) |
| Filing 68 RESPONSE in Opposition to #67 MOTION to Stay , filed by Centerview Partners LLC, Karn Chopra, Fir Tree Capital Management LP, C Bradley Johnson, Evan Lederman, Jerald J Stratton. (Rabinovitz, Joshua) |
| Filing 67 MOTION to Stay Motions referred to Sam S Sheldon. by Louis C Talarico, III, filed. Motion Docket Date 3/14/2023. (Talarico, Louis) |
| Filing 66 MEMORANDUM AND RECOMMENDATION re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Objections to M&R due by 2/21/2023(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4) |
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Filing 65
ORDER granting #64 Motion for Continuance; Motion-related deadline set re: #64 Unopposed MOTION for Continuance of Initial Pretrial Conference..(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Initial Conference set for 6/8/22 is terminated, per entry #65 . (sjones, 4) |
| Filing 64 Unopposed MOTION for Continuance of Initial Pretrial ConferenceMotions referred to Sam S Sheldon. by Centerview Partners LLC, Karn Chopra, Fir Tree Capital Management LP, C Bradley Johnson, Evan Lederman, Jerald J Stratton, filed. Motion Docket Date 6/8/2022. (Attachments: #1 Proposed Order)(Rabinovitz, Joshua) |
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Filing 63
ORDER granting #61 Motion to Withdraw as Attorney.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 62 PROPOSED ORDER re: #61 MOTION for David Dyer to Withdraw as Attorney, filed.(Rabinovitz, Joshua) |
| Filing 61 MOTION for David Dyer to Withdraw as AttorneyMotions referred to Sam S Sheldon. by C Bradley Johnson, Jerald J Stratton, filed. Motion Docket Date 5/18/2022. (Rabinovitz, Joshua) |
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Filing 60
ORDER granting #42 Motion.(Signed by Magistrate Judge Sam S Sheldon) Parties notified.(sjones, 4)
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| Filing 59 REPLY in Support of #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Fir Tree Capital Management LP. (Sadighi, Sheila) |
| Filing 58 REPLY in Support of #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Centerview Partners LLC, Karn Chopra. (Attachments: #1 Declaration of Christine Demana, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Appendix of Unpublished Authorities)(Cox, John) |
| Filing 57 REPLY in Support of #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Evan Lederman. (Polubinski, Edmund) |
| Filing 56 APPENDIX re: #55 Reply in Support of Motion by C Bradley Johnson, Jerald J Stratton, filed.(Dyer, David) |
| Filing 55 REPLY in Support of #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by C Bradley Johnson, Jerald J Stratton. (Dyer, David) |
| Filing 54 OPPOSITION to #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Louis C Talarico, III. (Attachments: #1 Appendix, #2 Appendix continued, #3 Appendix continued, #4 Appendix continued)(RachelWillborg, 4) |
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Filing 53
ORDER REFERRING CASE to Magistrate Judge Sam S Sheldon(Signed by Judge Andrew S Hanen) Parties notified.(rkonieczny, 4)
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Filing 52
ORDER granting #50 MOTION for Leave to File Excess Pages MOTION for Extension of Time to file Opposition to the Motions to Dismiss. Plaintiff is permitted to file a single opposition to the motions to dismiss with a length of no more than 50 pages and respond on or before April 15, 2022..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 51 PROPOSED ORDER re: #50 MOTION for Leave to File Excess Pages MOTION for Extension of Time to file Opposition to the Motions to Dismiss, filed. (RachelWillborg, 4) |
| Filing 50 MOTION to Extend Page Limit, MOTION for Extension of Time to file Opposition to the Motions to Dismiss( Motion Docket Date 4/22/2022.) by Louis C Talarico, III, filed. (JacquelineMata, 4) |
| Filing 49 PROPOSED ORDER re: #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed.(Salomon, Anne) |
| Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Centerview Partners LLC, Karn Chopra, filed. Motion Docket Date 4/8/2022. (Attachments: #1 Declaration of Christine Demana, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Exhibit 16, #9 Exhibit 17, #10 Exhibit 18, #11 Exhibit 19, #12 Exhibit 20, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 23, #16 Appendix of Unpublished Authorities, #17 Proposed Order)(Cox, John) |
| Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Fir Tree Capital Management LP, filed. Motion Docket Date 4/8/2022. (Attachments: #1 Proposed Order)(Sadighi, Sheila) |
| Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Evan Lederman, filed. Motion Docket Date 4/8/2022. (Attachments: #1 Proposed Order)(Polubinski, Edmund) |
| Filing 45 APPENDIX re: #44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by C Bradley Johnson, Jerald J Stratton, filed. (Attachments: #1 Appendix Part 2, #2 Appendix Part 3)(Rabinovitz, Joshua) |
| Filing 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by C Bradley Johnson, Jerald J Stratton, filed. Motion Docket Date 4/8/2022. (Rabinovitz, Joshua) |
| Filing 43 AMENDED COMPLAINT with Jury Demand against All Defendants filed by Louis C Talarico, III. Related document: #1 Complaint. (BrandisIsom, 4) |
| ***Set/Reset Deadlines/Hearings: Initial Conference set for 6/8/2022 at 10:20 AM in by video before Magistrate Judge Sam S Sheldon (sjones, 4) |
| Filing 42 MOTION to Utilize Court's CM/ECF system by Louis C Talarico, III, filed. Motion Docket Date 3/9/2022. (JacquelineMata, 4) |
| Filing 40 STIPULATION re: to set plaintiff's deadline to amend the complaint and defendants' deadline to respond to the amended complaint by Centerview Partners LLC, Karn Chopra, Fir Tree Capital Management LP, C Bradley Johnson, Evan Lederman, Jerald J Stratton, filed. (Attachments: #1 Proposed Order)(Rabinovitz, Joshua) |
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Filing 41
ORDER GRANTING #37 Stipulation - the deadline for defendants to reply to the complaint is 2/14/2022. (Signed by Judge Andrew S Hanen) Parties notified.(rkonieczny, 4)
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| Filing 39 Mail Returned Undeliverable as to attorney Patrick Wyatt Blakemore as to Evan Lederman re: #30 Order on Motion to Appear Pro Hac Vice. Address previously updated and renoticed., filed. (VanesaAranda, 3) |
| Filing 38 Mail Returned Undeliverable as to attorney Patrick Wyatt Blakemore as to Evan Lederman re: #29 Order. Address previously updated and document renoticed., filed. (VanesaAranda, 3) |
| Filing 37 STIPULATION re: Defendants' Deadline to Respond to the Complaint by Centerview Partners LLC, Karn Chopra, Fir Tree Capital Management LP, C Bradley Johnson, Evan Lederman, Jerald J Stratton, filed. (Attachments: #1 Proposed Order)(Rabinovitz, Joshua) |
| Filing 36 Mail Returned Undeliverable as to attorney Patrick Blakemore as to Evan Lederman re: #14 Order on Motion to Appear Pro Hac Vice (address corrected - order was noticed electronically), filed. (rkonieczny, 4) Modified on 1/18/2022 (rkonieczny, 4). |
| Filing 35 Mail Returned Undeliverable as to attorney Patrick Blakemore as to Evan Lederman re: #13 Order on Motion to Appear Pro Hac Vice (address corrected; order was noticed electronically), filed. (rkonieczny, 4) |
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Filing 34
ORDER granting #28 Motion for Sheila Sadighi to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 33
ORDER granting #27 Motion for Matthew Peller to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 32
ORDER granting #22 Motion for Mary Beth Maloney to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 31
ORDER granting #24 Motion for Keith Holt to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 30
ORDER granting #23 Motion for Anne I. Salomon to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 28 MOTION for Sheila Sadighi to Appear Pro Hac Vice by Fir Tree Capital Management LP, filed. Motion Docket Date 1/27/2022. (Slim, Jules) |
| Filing 27 MOTION for Matthew Peller to Appear Pro Hac Vice by Fir Tree Capital Management LP, filed. Motion Docket Date 1/27/2022. (Slim, Jules) |
| Filing 26 Mail Returned Undeliverable as to Louis C Talarico, III re: #13 Order on Motion to Appear Pro Hac Vice, filed. (dgonzalez, 5) |
| Filing 25 Mail Returned Undeliverable as to Louis C Talarico, III re: #14 Order on Motion to Appear Pro Hac Vice, filed. (dgonzalez, 5) |
| Filing 24 MOTION for Keith Holt to Appear Pro Hac Vice by C Bradley Johnson, Jerald J Stratton, filed. Motion Docket Date 1/26/2022. (Womack, Dustin) |
| Filing 23 MOTION for Anne I. Salomon to Appear Pro Hac Vice by C Bradley Johnson, Jerald J Stratton, filed. Motion Docket Date 1/26/2022. (Womack, Dustin) |
| Filing 22 MOTION for Mary Beth Maloney to Appear Pro Hac Vice by Centerview Partners LLC, Karn Chopra, filed. Motion Docket Date 1/26/2022. (Cox, John) |
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Filing 29
ORDER granting Joint Stipulation to Align Defendants' Deadlines to Respond to the Complaint re: #19 Stipulation, (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 21 NOTICE of Appearance by Christine Demana on behalf of Centerview Partners LLC, Karn Chopra, filed. (Demana, Christine) |
| Filing 20 Addendum to Joint Stipulation to Align Defendants' Deadlines to Respond to the Complaint by Centerview Partners LLC, Karn Chopra, Fir Tree Capital Management LP, C Bradley Johnson, Evan Lederman, Jerald J Stratton, filed.(Rabinovitz, Joshua) |
| Filing 19 STIPULATION re: to align defendants' deadlines to respond to the complaint by Centerview Partners LLC, Karn Chopra, Fir Tree Capital Management LP, C Bradley Johnson, Evan Lederman, Jerald J Stratton, filed. (Attachments: #1 Proposed Order)(Rabinovitz, Joshua) |
| Filing 18 CERTIFICATE OF INTERESTED PARTIES by Centerview Partners LLC, Karn Chopra, filed.(Cox, John) |
| Filing 17 CERTIFICATE OF INTERESTED PARTIES by Evan Lederman, filed.(Krock, Kenneth) |
| Filing 16 CERTIFICATE OF INTERESTED PARTIES by Fir Tree Capital Management LP, filed.(Slim, Jules) |
| Filing 15 NOTICE of Entities with a Financial Interest in this Litigation by C Bradley Johnson, Jerald J Stratton, filed. (Rabinovitz, Joshua) |
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Filing 14
ORDER granting #11 Motion for Edmund Polubinski III to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 13
ORDER granting #12 Motion for Patrick Blakemore to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 12 MOTION for Patrick Blakemore to Appear Pro Hac Vice by Evan Lederman, filed. Motion Docket Date 1/13/2022. (Krock, Kenneth) |
| Filing 11 MOTION for Edmund Polubinski III to Appear Pro Hac Vice by Evan Lederman, filed. Motion Docket Date 1/13/2022. (Krock, Kenneth) |
| Filing 10 NOTICE of Appearance by Kenneth M. Krock and Brian Antweil of Rapp & Krock, PC on behalf of Evan Lederman, filed. (Krock, Kenneth) |
| Filing 9 WAIVER OF SERVICE Returned Executed as to Centerview Partners LLC served on 12/8/2021, answer due 2/7/2022, filed. (Attachments: #1 Waiver of Service)(RachelSalazar, 4) |
| Filing 8 WAIVER OF SERVICE Returned Executed as to Fir Tree Capital Management LP served on 12/8/2021, answer due 2/7/2022, filed.(jtabares, 1) |
| Filing 7 WAIVER OF SERVICE Returned Executed as to Evan Lederman served on 12/7/2021, answer due 2/7/2022, filed.(jtabares, 1) |
| Filing 6 WAIVER OF SERVICE Returned Executed as to Jerald J Stratton served on 12/6/2021, answer due 2/4/2022, filed.(RachelSalazar, 4) |
| Filing 5 REQUEST FOR WAIVER of Service as to C Bradley Johnson sent on 12/03/2021 by Louis C Talarico, III, filed.(ShannonHolden, 4) |
| Filing 4 CERTIFICATE OF INTERESTED PARTIES, filed.(BrandisIsom, 4) |
| Filing 3 CERTIFICATE OF INTERESTED PARTIES by Louis C Talarico, III, filed.(JosephWells, 4) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/8/2022 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(ShannonHoldenadi, 4)
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| Filing 1 COMPLAINT against All Defendants filed by LOUIS C TALARICO, III. (Attachments: #1 Civil Cover Sheet)(hlerma, 4) |
| Filing fee: $402 re: #1 Complaint, receipt number HOU105560, filed. (hlerma, 4) |
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